Revolutionary War Pension and Bounty Land Warrant Application File S. 4,287, Moses Foye, Mass.

SERVICE
NUMBER
Mass
Foye, Moses or Foy
S. 4.287
carded
CONTENTS

Maine N o 26,052
Moses Foy York Co. in the State of Maine was a Private in the company commanded by Captain Sanittore of the _____ command in the Mass. Troops time for 6 months
Messrs. Foy's Records at Mar 30 '34
Inscribed on the Roll of Maine at the rate of 20 Dollars _____ Cents per a... to commence on the 4th day of March, 1834.
Certificate of Pension issued the 28. day of Dec r 1833 and sent to Hon. R. W. Intire H. R.
  Arrears to the 4th of Sep r 1833  50.00    Semi-ant. allowance ending 4 March 34  10.00     $60.00  
{ Revolutionary Claim, Act June 7, 1832.
Recorded by D. Brown
Clerk
Book E Vol. 1 Page 16

1871 Mch 29 John W Freye Jr discharge - sent synopsis of service

Moses Joy
6 mo.
No 5459
Bagaduce Maine
See no

State of Maine.
COUNTY OF YORK, SS.
ON this fifteenth day of August A.D. 1832 personally appeared in open court, before the Court of Probate now sitting at South Berwick in York in the county of York and State of Maine a resident of Berwick aged seventy two years, who being first duly sworn according to law, doth, on his oath, make the following declaration, in order to obtain the benefit of the Act of Congress passed June 7, 1832. That he entered the service of the United States under the following named officers, and served as herein stated.
In the year, One thousand Seven hundred and seventy eight, I resided in Berwick aforesaid and belonged to a Company of Militia commanded by Capt. Jonathan Hamilton — In the Spring of that year I was drafted to serve in the United States Service three months at Winter Hill near Boston — Capt. — Preble of York, Lieut James Shapleigh of Kittery, and Ensign Joshua Dows of what was then Kittery but now South Berwick were the officers under whom I served — part of the Company remained at Bloody Point Ferry so called in said Kittery, and under the command of Lieut. James Shapleigh before named marched about the last of March or first of April for Winter Hill — the precise time I do not recollect — At Winter Hill we met the rest of our Company — We were employed three months at Winter Hill to guard General Benjoys troops who were then prisoners and stationed at that place I cannot recollect whether any Continental troops were at Winter Hill while I was there, but believe they were all Militia — The name of the Colonel of the Regiment I do not recollect — After remaining nearly three months at Winter Hill, the measles broke out in our Company and many soldiers were affected with the disorder — I was among the number, and after being sick about two weeks, the Lieutenant of the Company advised me to take a furlough for a few days, and go home with our Jonathan Lighton of Eliot then Kittery who was also sick — I accordingly obtained a furlough and returned home the latter part of June or first of July the precise time I do not recollect — My furlough completed the term of three months for which I was drafted, so that I did not return to Winter Hill again — I received my pay for this three months service from Captain Preble of York — I can prove this service by Samuel Morrison of Lebanon, Isaac Clarks, Henry Butts and Benjamin Allen all of York who were members of the same Company with me — I never had a written discharge, and the furlough, which I had, was lost —
In June or July, One thousand Seven hundred and seventy nine, being still a member of the Company of Militia in said service under Jonathan Hamilton of which Joshua Dows was then the Ensign — A number of said Hamiltons Company volunteered to go to Penobscott in the State of Maine, for the term of three months — I was one of the number that volunteered as aforesaid — I was under the command of Capt. John Goodwin of Lebanon Lieut Thomas Abbott of Berwick & Ensign Joshua Dows — We marched to Portland then called Salmon Falls, where we embarked on board of transports — We proceeded thence to

months - I was one of the number that volunteered as aforesaid - I was under the Command of Capt. John Goodwin of Lebanon First Thomas Abbot of Berwick & Ensign Joshua Downs - We marched to Portland then called Salmon Falls, where we embarked on board of transports - We proceeded thence to a place called Towns-end, where we landed & remained a few days waiting for the rest of the Fleet - Near forty sail of vessels containing troops including some Armed Ships were collected at Towns- -end - There was one frigate of two and thirty guns among the fleet if not more - I recollect the name of one called the "Warren" - From Towns- -end we sailed to what is now Castine, then called Bagaduce - I was in a transport called the Spar- -row - We arrived at Bagaduce on a Sunday after- -noon & attempted to land, but the enemy drove us back - We laid in the Bay all day on Monday
all then in the morning we landed on Fox Island, and remained there about two days - I was left on Fox Island with about a dozen men as a guard, while the main body of our troops made a landing on Bag- -aduce about Wednesday - In landing upon Fox Island, the enemy continually fired upon us, and I recollect that one of their shot struck a boat in which was Major Littlefield of our Regiment with others, and Smith here - Said Littlefield and two more were drowned, and the rest of the troops from that boat kept upon the water until they were ta- -ken up by another boat sent from our shipping
We continued at Bagaduce for a number of weeks - the enemy keeping possession of their fort & we attempting temporary breastworks - One night took a small battery from the enemy which they had constructed near their fort - the detach- -ment which performed this service of whom I was one was commanded by Major Sawyer then an inhabi- tant of Wells in this County, Major Sawyer the Commandant was shot in that engagement and died soon after -
We remained at Bagaduce until a British fleet was in sight, which compelled us to embark on the breastworks to the shore, affixing a long rope to each piece, so that a large number of men might assist in drawing it - After getting on board our vessels we retreated up the Penobscot river, pursued closely by the British fleet - Some of our vessels were taken, & as fast as they were in danger of being overtaken, they were run ashore by their crews and burnt - The American fleet was all burnt or taken & the Army was thrown ashore destitute of provisions or any kind of supplies, in what was then called

We remained at Bangor until a British fleet was in sight, which compelled us to embark on board our vessels - We drew an artillery by hand from the great works to the shore, affixing a long rope to each piece, so that a large number of men might unite in drawing it - After getting on board our vessels we retreated up the Penobscot river, pursued closely by the British fleet - Some of our vessels scuttled faster than others, & as fast as they were in danger of being overtaken, they were run ashore by their crews and burnt - The American fleet was all burnt or taken & the Army was thrown ashore destitute of provisions or any kind of supplies, in what was then a Wilder- ness Country - We were then scattered by directions of the Officers & found our way across the woods to the Settlements on the Kennebec as we best could, we were for days getting out to the Settlements on Kenne- bec river, & being destitute of provisions were compelled to subsist upon roots & leaves - The precise time of my getting home I do not recollect, but from the time of my volunteering to the time of my return was more than three months - I received my pay for three months service from Col. Joseph Prinsen late Bangor, now deceased -
I can prove this service by Ephraim Jew- ell Esquire, and Mr Samuel Lord who were with me in the same Company - I received no written dis- charge from the Company -
I was born in Bangor aforesaid on the same farm which I now occupy, on the first day of January A.D. 1760 Old Style, and I resided in said Bangor until when both the taxes of duty before described were per- formed -

He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any State, or (if any) only on that of the agency of the State of
Sworn to, and subscribed, the day and year aforesaid.
Moses Foye
WE, Joseph Hilliard , a clergyman, residing in the town of Berwick , and Ephraim Tabbett , residing in the town of Berwick, Esquire hereby certify, that we are well acquainted with Moses Foye , who has subscribed and sworn to the above declaration; that we believe him to be seventy two years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the revolution, and that we concur in that opinion.
Sworn to, and subscribed, the day and year aforesaid.
Joseph Hilliard Ephraim Tabbett
AND the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the abovenamed applicant was a revolutionary soldier, and served as he states. And the court further certifies, that it appears to them that
Joseph Hilliard , who has signed the preceding certificate, is a clergyman, resident in the town of Berwick  Maine and that Ephraim Tabbett , who has also signed the same, is a resident in the town of Berwick  Maine and is a credible person, and that their statement is entitled to credit.
I, Wm. Cutter Allen, Register , clerk of the Court of Probate do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Moses Foye for a pension.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of office, this fifteenth day of August , A.D. 1832.
Wm. Cutter Allen, Register of Probate.
I Henry Buth resident in the town of York county of York , and State of Maine do hereby certify that I am well acquainted with Moses Foye who has subscribed & sworn to the above declaration and I believe him to be seventy two years of age that I know that he rendered the services in 1778 for three months as by him set forth because I served with him in the same company.
Witness Charles A. Cogswell  Henry Buth York July August 15th. Sworn and subscribed the day and year aforesaid Charles A. Cogswell Justice of the Peace
I Samuel Lord resident in the town of Berwick county of York , and State of Maine do hereby certify that I am well acquainted with Moses Foye who has subscribed and sworn to the above declaration; and I believe him to be seventy two years of age; that I know he rendered the services at Provincetown in 1778 for three months as by him set forth, because I served with him in the same company.
State of Maine York county ss. August 15th 1832 Sworn and subscribed the day and year aforesaid. Charles A. Cogswell Justice of the Peace

Samuel Lord resident in the Town of Berwick County of York, and State of Maine do hereby certify that I am well acquainted with Moses Foye who has subscribed and sworn to the above declaration; and I believe him to be at Penobscott, in 1779 twenty two years of age; that I know he rendered the services for three months. as by him set forth, because I served with him in the same company.
Samuel Lord
* State of Maine York County ss. August 15th 1832
Sworn and subscribed the day and year aforesaid.
Charles N. Cogswell Justice Peace
J. Ephraim Tabbett resident in the Town of Berwick County of York, and State of Maine do hereby certify that I am well acquainted with Moses Foye who has subscribed and sworn to the above declaration; and I believe him to be twenty two years of age; that I know he rendered the services for three months. at Penobscott, in 1779 as by him set forth, because I served with him in the same company.
J. Ephraim Tabbett
* State of Maine York County ss. August 15th 1832
Sworn and subscribed the day and year aforesaid.
Charles N. Cogswell Justice Peace
State of Maine.
YORK, ss.
I, WILLIAM CUTTER ALLEN, Register of Probate, for the County of York, hereby certify that Charles N. Cogswell is a Justice of the Peace for said County of York, as above stated, and that the foregoing signature purporting to be his, is genuine.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official Seal, this fifteenth day of August, in the year of our Lord one thousand eight hundred and thirty-two.
Wm. Cutter Allen, Register of Probate.

York St. South Berwick August 6 1833
I certify that Henry Butts, Samuel Lord and Ephraim Tabbett Esqrs whose dispositions are herewith annexed to the declaration of Moses Toye, are all well known to me, and are credible persons —
Charles V. Logsdwell Jur. Rev.

Moses Foye
Res J Maine
Wm C Allen an Deputy of Frost - official seal,
Admit
6 Mo Pr
Mr. [unclear] may be [unclear] to [unclear] the [unclear] [unclear]
Res [unclear]
Wm C Allen Deputy of Frost

WAR DEPARTMENT,
Pension Office,
Nov. 11, 1833
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Moses Joyce
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     1778 3 Private Capt Hamilton 72 Widow's pension & living rent. Notes.   1779 3 " " Woodfin  
I am, respectfully,
Your obedient servant,
JAMES L. EDWARDS,
Commissioner of Pensions.
Sum Over

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this            day of            personally appeared (a) before A. B. a resident (b) of            in the county of            and State, Territory or District of            aged (c)            years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d)            , with            and served in the            (e) regiment of the            line, under the following named officers :
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I            of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of            for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of            &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the            and C. D. residing in (the same) hereby certify, that we are well acquainted with            , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the            and that C. D., who has also signed the same is a resident in the            and is a credible person, and that their statement is entitled to credit.
I,            Clerk of the Court of            do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this            day of            &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following ( m ) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Revised
4287
INVALID.
Rev
File No. 4287
* Moses Foy Rev. Meaf. Troops
Act: June 7 th 32
Index:—Vol. A , Page 128
[Arrangement of 1870.]
* Moses Foy. Records corrected Mar. 30 th 9

Boston Mass
March 25 th 1871
For John W.
Desires to obtain a certified copy of the "Discharge" of Moses Forre. a Revolutionary Pensioner.

26.052-20 1832
Boston Mass
March 25 th 1871
To the Medical Referee of the Pension Bureau
Sir :
In 1840 there was borne upon the rolls of the Pension Office the name of Moses Foye. his claim was payable at the Agency in Berwick Me.
I am very anxious to obtain a copy of his Discharge and should like to have it on parchment for preservation
I am willing to go to any expence to obtain this document and shall feel very grateful if you will assist me in this matter
The only clew I have to his military history is that above given
Respectfully Sir
Your Obedient Servant
John W Foye M.D. No. 10 South Street
F. Salter M.D. Washington D.C.